Library Catalogue
Research handbook on the philosophy of contract law /
Research handbook on the philosophy of contract law /
edited by Mindy Chen-Wishart and Prince Saprai.
- xii, 580 pages : illustrations ; 25 cm
- Research handbooks on philosophical foundations of law series .
Includes bibliographical references and index.
Contributors -
Foreword -
1. Philosophy of contract law: An introduction -
PART I GENERAL THEORY:
2. On the point, scope and utility of the philosophy of contract -
3. The promise theory of contract -
4. Autonomy and contracts -
5. Economics and contract law -
6. Reliance -
7. The ‘discrete’ and the ‘relational’ in the relational theory of contract -
8. Corrective justice and contract law -
9. The performance interest and the promissory basis of contract law -
10. Pluralism about contract law -
PART II FUNDAMENTAL PRINCIPLES:
11. Freedom of contract -
12. The inequality of bargaining power principle -
13. The bilaterality of contract -
14. Good faith -
15. Fault and strict liability in contract -
16. The ethical limits of markets: Market inalienability -
17. Progress in EU contract law -
18. Artificial intelligence, contract law and justice -
PART III RULES AND DOCTRINES:
19. Agreement -
20. Why consideration? -
21. Intent to create legal relations and the nature of contractual consent -
22. Third parties -
23. Interpretation -
24. Default rules: Theoretical foundations -
25. The regulation of unfairness in contract -
26. Mistake in contract law -
27. Misrepresentation -
28. Contractual duress -
29. The unbearable narrowness of undue influence -
30. Unconscionable dealing -
31. Impossibility and frustration -
32. Termination -
33. Debt as a contractual type -
34. Specific performance -
35. Expectation damages -
36. Rationalising the penalties rule -
37. Mitigation -
38. Remoteness of damage -
Index.
With contributions from experts in the field, this comprehensive Research Handbook provides a systematic overview of debates at the cutting edge of the philosophy of contract law.
The Research Handbook engages closely with general theories of contract law, entering into detailed theoretical discussions surrounding its principles, rules and doctrines, as well as its moral foundations. Chapters explore key themes such as the limits of freedom of contract; debates about monistic and pluralistic theories of contract law; and the philosophical challenges associated with resolving hard cases. The Research Handbook on the Philosophy of Contract Lawsuggests paths for future studies, emphasising the need to bridge the gap between theory and practice.
Wide-ranging in scope, this Research Handbook is an essential resource for scholars and students in contract law theory, moral and political philosophy, jurisprudence and law and economics. Legal practitioners and policy experts seeking an overview of current theoretical debates will also benefit greatly from this book.
9781800885400
2025931095
Contracts--Philosophy.
Contrats--Philosophie.
346.022 / CHE
Includes bibliographical references and index.
Contributors -
Foreword -
1. Philosophy of contract law: An introduction -
PART I GENERAL THEORY:
2. On the point, scope and utility of the philosophy of contract -
3. The promise theory of contract -
4. Autonomy and contracts -
5. Economics and contract law -
6. Reliance -
7. The ‘discrete’ and the ‘relational’ in the relational theory of contract -
8. Corrective justice and contract law -
9. The performance interest and the promissory basis of contract law -
10. Pluralism about contract law -
PART II FUNDAMENTAL PRINCIPLES:
11. Freedom of contract -
12. The inequality of bargaining power principle -
13. The bilaterality of contract -
14. Good faith -
15. Fault and strict liability in contract -
16. The ethical limits of markets: Market inalienability -
17. Progress in EU contract law -
18. Artificial intelligence, contract law and justice -
PART III RULES AND DOCTRINES:
19. Agreement -
20. Why consideration? -
21. Intent to create legal relations and the nature of contractual consent -
22. Third parties -
23. Interpretation -
24. Default rules: Theoretical foundations -
25. The regulation of unfairness in contract -
26. Mistake in contract law -
27. Misrepresentation -
28. Contractual duress -
29. The unbearable narrowness of undue influence -
30. Unconscionable dealing -
31. Impossibility and frustration -
32. Termination -
33. Debt as a contractual type -
34. Specific performance -
35. Expectation damages -
36. Rationalising the penalties rule -
37. Mitigation -
38. Remoteness of damage -
Index.
With contributions from experts in the field, this comprehensive Research Handbook provides a systematic overview of debates at the cutting edge of the philosophy of contract law.
The Research Handbook engages closely with general theories of contract law, entering into detailed theoretical discussions surrounding its principles, rules and doctrines, as well as its moral foundations. Chapters explore key themes such as the limits of freedom of contract; debates about monistic and pluralistic theories of contract law; and the philosophical challenges associated with resolving hard cases. The Research Handbook on the Philosophy of Contract Lawsuggests paths for future studies, emphasising the need to bridge the gap between theory and practice.
Wide-ranging in scope, this Research Handbook is an essential resource for scholars and students in contract law theory, moral and political philosophy, jurisprudence and law and economics. Legal practitioners and policy experts seeking an overview of current theoretical debates will also benefit greatly from this book.
9781800885400
2025931095
Contracts--Philosophy.
Contrats--Philosophie.
346.022 / CHE